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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104959-104964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30430]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 241216-0328]
RIN 0648-BN41

Pacific Halibut Fisheries of the West Coast; 2025 Catch Sharing 
Plan and Recreational Fishery Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to approve changes to the Pacific Halibut Catch 
Sharing Plan for the International Pacific Halibut Commission's 
regulatory Area 2A off Washington, Oregon, and California. In addition, 
NMFS proposes to implement new management measures for the 2025 
recreational fisheries in Area 2A that are not implemented through the 
International Pacific Halibut Commission (IPHC). These measures include 
the recreational fishery seasons and subarea allocations for Area 2A. 
This action would also add a new inseason management provision to 
transfer anticipated uncaught recreational fishery allocation from the 
Northern California subarea to the South of Point Arena subarea. These 
actions are intended to conserve Pacific halibut and provide angler 
opportunity where available.

DATES: Comments on the proposed rule must be received on or before 
January 27, 2025.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NMFS-2024-0139. You may submit 
comments on this document, identified by NOAA-NMFS-2024-0139, by either 
of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type NOAA-NMFS-2024-0139 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Jennifer Quan, Regional 
Administrator, c/o Melissa Mandrup, West Coast Region, NMFS, 501 W 
Ocean Blvd., Long Beach, CA 90802.
    Instructions: Comments sent by any other method, to any other 
address or

[[Page 104960]]

individual, or received after the end of the comment period, may not be 
considered by NMFS. All comments received are a part of the public 
record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Docket: This rule is accessible via the internet at the Office of 
the Federal Register website at https://www.federalregister.gov. 
Background information and documents are available at the NMFS West 
Coast Region Pacific Halibut Recreational Fishery website at https://www.fisheries.noaa.gov/action/2024-pacific-halibut-recreational-fishery 
and at the Council's website at https://www.pcouncil.org. Other 
comments received may be accessed through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Melissa Mandrup, phone: 562-980-3231 
or email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C. 
773-773k, gives the Secretary of Commerce responsibility for 
implementing the provisions of the Convention between Canada and the 
United States for the Preservation of the Halibut Fishery of the North 
Pacific Ocean and Bering Sea (Halibut Convention, signed at Ottawa, 
Ontario, on March 2, 1953), as amended by a Protocol Amending the 
Convention,(signed at Washington, DC, on March 29, 1979), including 
adopting regulations to carry it out (16 U.S.C. 773c). Additionally, 
the regional fishery management councils having authority for the 
geographic area concerned may develop, and the Secretary of Commerce 
may implement, regulations governing Pacific halibut fishing in in U.S. 
waters that are in addition to, and not in conflict with, approved IPHC 
regulations (id. 773c(c)).
    As provided in the Halibut Act at 16 U.S.C. 773b, the Secretary of 
State, with the concurrence of the Secretary of Commerce, may accept or 
reject, on behalf of the United States, regulations recommended by the 
IPHC in accordance with the Convention. Following acceptance by the 
Secretary of State, the annual management measures promulgated by the 
IPHC are published in the Federal Register to provide notice of their 
immediate regulatory effectiveness and to inform persons subject to the 
regulations of their restrictions and requirements (50 CFR 300.62). The 
IPHC will hold its annual meeting January 27-31, 2025, where it is 
anticipated that they will recommend the Area 2A catch limit, also 
known as the Fishery Constant Exploitation Yield (FCEY). This FCEY is 
derived from the total constant exploitation yield (TCEY) for Pacific 
halibut, which includes commercial discards and bycatch estimates 
calculated using a formula developed by the IPHC. The 2025 TCEY and 
FCEY for Area 2A, as well as other applicable Area 2A allocations that 
are established by the IPHC in accordance with the Area 2A Catch 
Sharing Plan (CSP), will be published as part of a separate rulemaking. 
These allocations, in net weight,\1\ will be based on IPHC's 
recommended 2025 Area 2A FCEY and will be subject to acceptance by the 
Secretary of State with concurrence by the Secretary of Commerce.
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    \1\ ``Net weight'' of a Pacific halibut means the weight of 
Pacific halibut that is without gills and entrails, head-off, 
washed, and without ice and slime. If a Pacific halibut is weighed 
with the head on or with ice and slime, the required conversion 
factors for calculating net weight are a 2 percent deduction for ice 
and slime and a 10 percent deduction for the head (IPHC Fisheries 
Regulations, 2024).
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    Since 1988, the Pacific Fishery Management Council (Council) has 
developed a CSP that allocates the IPHC regulatory Area 2A Pacific 
halibut FCEY between treaty Tribal and non-Tribal harvesters and among 
non-Tribal commercial and recreational (sport) fisheries. NMFS has 
implemented at 50 CFR 300.63 et seq. certain provisions of the CSP and 
implemented annual rules containing annual management measures 
consistent with the CSP. In 1995, the Council recommended and NMFS 
approved a long-term Area 2A CSP (60 FR 14651, March 20, 1995). NMFS 
has been approving adjustments to the Area 2A CSP based on Council 
recommendations each year to address the changing needs of these 
fisheries. While the full CSP is not published in the Federal Register, 
it is made available on the Council website.
    This rule proposes to approve the changes the Council recommended 
at its November 2024 meeting to the 2025 Area 2A CSP. The recommended 
changes to the 2025 CSP were developed through the Council's public 
process over multiple meetings. This rule also proposes to implement 
recreational Pacific halibut fishery management measures for 2025, 
which include season opening and closing dates consistent with 2025 CSP 
as modified by the Council's November 2024 recommendations.

Proposed Changes to the 2025 Area 2A Catch Sharing Plan

    Each year at the Council's September meeting, members of the public 
have an opportunity to propose changes to the CSP for consideration by 
the Council. At the September 2024 Council meeting, per the typical 
annual process, the Washington Department of Fish and Wildlife (WDFW), 
Oregon Department of Fish and Wildlife (ODFW), and California 
Department of Fish and Wildlife (CDFW) proposed changes to the CSP for 
the fisheries that occur off of their respective coasts.
    At its November 2024 meeting, the Council considered the results of 
State-sponsored workshops on the proposed changes to the CSP, along 
with public input provided at the September and November 2024 Council 
meetings, and made its recommendations for modifications to the CSP. 
NMFS proposes to approve all the Council's recommended changes to the 
CSP, which are discussed below.
    1. The Council recommended changes to Section 5.6.4 of the Catch 
Sharing Plan regarding the notice and timing of non-tribal directed 
commercial fishery sequential season openings. Specifically, the 
Council recommended that NMFS notice the dates for the first three 
openers in the Federal Register prior to the start of the season for 
the non-Tribal directed commercial fishery, with two weeks between 
first and second opener and no more than 3 weeks between any following 
openers.
    2. In section 6.9.2(d) of the CSP, the Council recommended that 
NMFS revise the season structure in the Washington North Coast subarea 
to allow for fishing on the Saturday of Memorial Day Weekend if the 2A 
FCEY is at least 1.3 million pounds (lb) or 589.7 metric tons (mt) and 
up to 3 days per week in June if the Area 2A FCEY is less than 1.3 
million lb (589.7 mt).
    2. In section 6.9.3(d) of the CSP, the Council recommended that 
NMFS revise the season structure in the Washington South Coast subarea 
to include the Sunday of Memorial Day Weekend.
    3. In section 6.10(d) of the CSP, the Council recommended that NMFS 
revise the season structure in the Columbia River subarea to allow for 
2 additional days be added to the 3-day opener in June depending on the 
remaining allocation for the subarea.

[[Page 104961]]

    4. In section 6.11(d) of the CSP, the Council recommended that NMFS 
revise the allocations and season structure in the Oregon Central Coast 
subarea to allow more of the Central Coast allocation to be for the 
all-depth fisheries (i.e., spring and summer) as opposed to the 
nearshore fishery, additional flexibility in the number of days per 
opener, and for the summer all-depth fishery to be open beginning 
August 1 every week or every other week depending on the remaining 
allocation for the subarea.
    5. In sections 6.8.1 and 6.12 of the CSP, the Council recommended 
that NMFS allow for inseason transfers of the Northern California 
allocation to the South of Point Arena subarea. Specifically, in 
section 6.8.1(f), the Council recommended that NMFS allow for an 
inseason transfer of any projected unused Northern California subarea 
allocation by the season ending date of November 15 from the Northern 
California subarea to the South of Point Arena subarea. For section 
6.12(f), the Council recommended that NMFS allow for an inseason 
transfer (i.e., any time prior to November 15) of any projected unused 
Northern California subarea allocation to the South of Point Arena 
subarea.
    Additional discussion of these changes is included in the materials 
submitted to the Council at its September and November meetings, 
available at https://www.pcouncil.org/council-meetings/previous-meetings/. A version of the CSP including these changes can be found at 
https://www.pcouncil.org/managed_fishery/pacific-halibut/.

Proposed 2025 Recreational Fishery Management Measures

    As described above, NMFS proposes to implement recreational fishery 
management measures, including season dates for the 2025 fishery, 
consistent with the Council's recommendations. The CSP includes a 
framework for setting days open for fishing by subarea; under this 
framework, each State submits final recommended season dates annually 
to NMFS during the proposed rule comment period. In addition, the final 
dates will be based on the 2025 FCEY Area 2A allocation, which is 
issued as described above. However, this proposed rule contains 
preliminary dates based on the CSP framework and/or recommendations 
received to date.
    After the opportunity for public comment, including comments from 
WDFW, ODFW, and CDFW, and after each State has concluded its public 
meetings gathering input on season dates, NMFS will publish a final 
rule approving the CSP and promulgating the annual management measures 
for the Area 2A recreational fishery, as appropriate and required by 
implementing regulations at 50 CFR 300.63(c)(1). If there is any 
discrepancy between the CSP and Federal regulations, Federal 
regulations take precedence.

2025 Annual Recreational Management Measures

    NMFS proposes recreational fishing subareas, allocations, and 
fishing dates as described below. Fishery and subarea allocations are 
provided in net weight. These provisions may be modified through 
inseason action consistent with 50 CFR 300.63(c). Inseason actions 
taken by NMFS will be published in the Federal Register. In addition to 
publication in the Federal Register, NMFS will make the public aware of 
inseason management actions by a telephone hotline, (206) 526-6667 or 
(800) 662-9825, and fishery bulletins administered through email by 
NMFS West Coast Region. Since provisions of these regulations may be 
changed by inseason actions, recreational anglers are encouraged to 
monitor the telephone hotline and subscribe to receive fishery bulletin 
emails for current information for the area in which they are fishing. 
All recreational fishing in Area 2A is managed on a ``port of landing'' 
basis, whereby any Pacific halibut landed into a port counts toward the 
allocation, in net weight, for the area in which that port is located, 
and the regulations governing the area of landing apply regardless of 
the specific area of catch.

Washington Puget Sound and the U.S. Convention Waters in the Strait of 
Juan de Fuca

    The subarea allocation for landings into ports in Puget Sound and 
the U.S. waters in the Strait of Juan de Fuca will be provided in the 
final rule based on the allocation formula in the CSP.
    (a) If the 2025 Area 2A FCEY is 1.3 million lb (589.7 mt) or 
greater, NMFS is proposing to open the Puget Sound and the U.S. 
Convention Waters in the Strait of Juan de Fuca fishery on April 3 
through June 30, 7 days a week. If the subarea allocation remains for 
at least another full day of fishing after June 30, NMFS may take 
inseason action to reopen the fishery in August, up to 7 days per week, 
through September. The area will be closed when there is not sufficient 
subarea allocation for another full day of fishing. If the Puget Sound 
subarea season is closed prior to September 30 and there is 
insufficient allocation for an additional fishing day, then any 
remaining Puget Sound subarea allocation may be transferred inseason to 
another Washington coastal subarea by NMFS.
    If the 2025 Area 2A FCEY is less than 1.3 million lb (589.7 mt), 
then NMFS proposes to open the fishery every Thursday, Friday, 
Saturday, Sunday, and Monday from April 3 through June 30. If the 
subarea allocation remains for at least another full day of fishing 
after June 30, NMFS may take inseason action to reopen the fishery in 
August, up to 7 days per week, through September. The area will be 
closed when there is not sufficient subarea allocation for another full 
day of fishing. If the Puget Sound subarea season is closed prior to 
September 30 and there is insufficient allocation for an additional 
fishing day, then any remaining Puget Sound subarea allocation may be 
transferred inseason to another Washington coastal subarea by NMFS.
    Any inseason action, including closures and intrastate subarea 
allocation transfers, will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c) and on the NMFS hotline at (206) 526-
6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Washington North Coast Subarea

    The allocation for landings into ports in the Washington North 
Coast subarea will be provided in the final rule based on the 
allocation formula in the CSP.
    (a) If the Area 2A 2025 FCEY is greater than 1.3 million lb (589.7 
mt), NMFS is proposing to open the Washington North Coast fishery:
     May 1, 2, 3, 8, 9, 10, 15, 16, 17 (Thursday, Friday, 
Saturday),
     May 23, 24, 25 (Friday, Saturday, Sunday--Memorial Day 
weekend),
     May 29, 30, 31 (Thursday, Friday, Saturday),
     June 1, 5, 6, 7, 8, 12, 13, 14, 15, 19, 20, 21, 22, 26, 
27, 28, 29 (Thursday, Friday, Saturday, Sunday).
    If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The area 
will be closed when there is not sufficient subarea allocation for 
another full day of fishing. If the fishery is closed prior to 
September 30 and there is insufficient allocation remaining to reopen 
for another fishing day, then any remaining allocation may be 
transferred inseason to another Washington coastal subarea by NMFS. Any 
inseason action, including closures, will be announced

[[Page 104962]]

in accordance with Federal regulations at 50 CFR 300.63(c) and on the 
NMFS hotline at (206) 526-6667 or (800) 662-9825.
    If the 2025 Area 2A FCEY is less than 1.3 million lb (589.7 mt), 
then NMFS is proposing to open the fishery:
     May 1, 3, 8, 10, 15, 17 (Thursday, Saturday),
     May 23 and May 25 (Friday, Sunday--Memorial Day weekend),
     May 29, 31 (Thursday, Saturday),
     June 5, 6, 7, 12, 13, 14, 19, 20, 21, 26, 27, 28 
(Thursday, Friday, Saturday).
    If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The area 
will be closed when there is not sufficient subarea allocation for 
another full day of fishing. If the fishery is closed prior to 
September 30 and there is insufficient allocation remaining to reopen 
for another fishing day, then any remaining allocation may be 
transferred inseason to another Washington coastal subarea by NMFS.
    Any inseason action, including closures and intrastate subarea 
allocation transfers, will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c) and on the NMFS hotline at (206) 526-
6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Washington South Coast Subarea

    The allocation for landings into ports in the South Coast subarea 
will be provided in the final rule based on the allocation formula in 
the CSP. The South Coast subarea has a primary and a nearshore fishery.
    (a) NMFS is proposing to open the Washington South Coast primary 
fishery:
     May 1, 4, 6, 8, 11, 13, 15, 18, 20, 22, 25, 27, 29 
(Thursday, Sunday, Tuesday),
     June 12, 15, 17, 19, 22, 24, 26, 29 (Thursday, Sunday, 
Tuesday).
    The fishery will close when there is not sufficient subarea 
allocation for another full day of fishing. If the subarea allocation 
remains for at least another full day of fishing after June 30, NMFS 
may take inseason action to reopen the fishery in August, up to 7 days 
per week, through September. The area will be closed when there is not 
sufficient subarea allocation for another full day of fishing. Any 
inseason action, including closures and intrastate subarea allocation 
transfers, will be announced in accordance with Federal regulations at 
50 CFR 300.63(c) and on the NMFS hotline at (206) 526-6667 or (800) 
662-9825.
    When the South Coast subarea primary fishery does not have 
sufficient allocation 0to open for at least another full day of 
fishing, any remaining primary fishery allocation will be used to open 
a nearshore fishery. The nearshore fishery will open the first Saturday 
after the closure of the primary fishery and will be open 7 days per 
week until there is not sufficient nearshore fishery allocation 
remaining for another full day of fishing, at which point the area will 
be closed.
    If the primary fishery is closed prior to September 30 and there is 
not sufficient allocation remaining for at least a full day of fishing 
in the nearshore fishery, NMFS may take inseason action to transfer any 
remaining subarea allocation to another Washington coastal subarea.
    Any inseason action, including closures and intrastate subarea 
allocation transfers, will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c) and on the NMFS hotline at (206) 526-
6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Columbia River Subarea

    The allocation for landings into ports in the Columbia River 
subarea will be provided in the final rule based on the allocation 
formula in the CSP. The Columbia River subarea has an all-depth fishery 
and a nearshore fishery.
    If the 2025 2A FCEY is at least 1.3 million lb (589.7 mt), NMFS 
proposes to open the all-depth fishery as follows:
     May 1, 2, 4, 8, 9, 11, 15, 16, 18, 22, 23, 25, 29, 30 
(Thursday, Friday, Sunday),
     June 1, 5, 6, 8, 12, 13, 15, 19, 20, 22, 26, 27, 29 
(Thursday, Friday, Sunday).
    If at least 55 percent of the Columbia River subarea allocation 
remains as of May 25, 2025, then NMFS may take inseason action to allow 
the all-depth fishery open the following additional days:
     June 9, 10, 16, 17, 30 (Monday and Tuesday).
    If the 2025 2A FCEY is less than 1.3 million lb (589.7 mt), NMFS 
proposes to open the all-depth fishery as follows:
     May 1, 2, 4, 8, 9, 11, 15, 16, 18, 22, 23, 25, 29, 30 
(Thursday, Friday, Sunday),
     June 1, 5, 6, 8, 12, 13, 15, 19, 20, 22, 26, 27, 29 
(Thursday, Friday, Sunday).
    The nearshore fishery will be open Monday through Wednesday 
following the opening of the all-depth fishery until the nearshore 
allocation is taken or September 30, whichever is earlier. On days when 
the all-depth halibut fishery is closed, taking, retaining, possessing, 
or landing halibut on groundfish trips is only allowed in the nearshore 
area.
    If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
nearshore fishery in August, up to 7 days per week, through September. 
The area will be closed when there is not sufficient subarea allocation 
for another full day of fishing. Any remaining subarea allocation may 
be transferred inseason to other Washington or Oregon subareas by NMFS 
in proportion to the allocation formula in the CSP, in accordance with 
Federal regulations at 50 CFR 300.63(c). Any inseason action, including 
closures and reallocation, will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c) and on the NMFS hotline at (206) 526-
6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Oregon Central Coast Subarea

    The allocation for landings into ports in the Oregon Central Coast 
subarea will be provided in the final rule based on the allocation 
formula in the CSP. The Oregon Central Coast subarea has a nearshore, a 
spring all-depth, and a summer all-depth fishery.
    (a) If the FCEY is 1.2 million lb (544.3 mt) or greater, NMFS 
proposes 10,000 lb (4.5 mt) of the Central Coast subarea allocation be 
allocated to the nearshore fishery. If the FCEY is between 700,000 lb 
(317.5 mt) and 1.2 million lb (544.3 mt), NMFS proposes to allocate 25 
percent of the Central Coast subarea allocation to the nearshore 
fishery. If the FCEY is less than 700,000 lb (317.5 mt), NMFS proposes 
to allocate 12 percent of the Central Coast subarea allocation to the 
nearshore fishery. For the season structure, NMFS proposes to open the 
nearshore fishery 7 days per week from May 1 through October 31 if the 
nearshore fishery allocation is 25,000 lb (11.3 mt) or more, or from 
June 1 through October 31 if the nearshore fishery allocation is less 
than 25,000 lb (11.3 mt). The area will be closed when there is not 
sufficient subarea allocation for another full day of fishing. Any 
closure will be announced in accordance with Federal regulations at 50 
CFR 300.63(c)(3) and on the NMFS hotline at (206) 526-6667 or (800) 
662-9825.
    If the FCEY is 1.2 million lb (544.3 mt) or greater, NMFS proposes 
75 percent of the Central Coast subarea allocation be allocated to the 
spring all-

[[Page 104963]]

depth fishery. If the FCEY is between 700,000 lb (317.5 mt) and 1.2 
million lb (544.3 mt), NMFS proposes to allocate 63 percent of the 
Central Coast subarea allocation to the spring all-depth fishery. If 
the FCEY is less than 700,000 lb (317.5 mt), NMFS proposes to allocate 
75 percent of the Central Coast subarea allocation to the spring all-
depth fishery. NMFS is proposing to open the spring all-depth fishery 
up to 7 days per week from May 1 through July 31. The area will be 
closed when there is not sufficient subarea allocation for another full 
day of fishing. Any closure will be announced in accordance with 
Federal regulations at 50 CFR 300.63(c)(3) and on the NMFS hotline at 
(206) 526-6667 or (800) 662-9825.
    If the FCEY is 700,000 lb (317.5 mt) or greater, NMFS proposes 25 
percent of the Central Coast subarea allocation be allocated to the 
summer all-depth fishery. If the FCEY is less than 700,000 lb (317.5 
mt) the summer all-depth fishery will not open. Should the summer all-
depth fishery receive an allocation, NMFS is proposing to open the 
summer all-depth fishery from August 1 through October 31. The area 
will close when there is not sufficient subarea allocation for another 
full day of fishing. At the close of the spring all-depth fishery (July 
31), if there is 50,000 lb (22.7 mt) or more allocation remaining, NMFS 
proposes to open the summer all-depth fishery 7 days a week, every 
week, from August 1 through October 31. If there is is less than 50,000 
lb (22.7 mt) allocation remaining, NMFS proposes to open the summer 
all-depth fishery 7 days a week, every other week, from August 1 
through October 31. If the entire Central Oregon Coast subarea 
allocation is 30,000 lb (13.6 mt) or more following Labor Day Weekend, 
the summer all-depth season will be open every week. The subarea will 
close when the remaining combined spring all-depth fishery and summer 
all-depth fishery allocations in the Oregon Central Coast subarea is 
not sufficient for another full day of fishing. Any closure will be 
announced in accordance with Federal regulations at 50 CFR 300.63(c)(3) 
and on the NMFS hotline at (206) 526-6667 or (800) 662-9825.
    (b) The daily bag limit is two Pacific halibut of any size per 
person.

Southern Oregon Coast Subarea

    The allocation for landings into ports in the Southern Oregon 
subarea will be provided in the final rule based on the allocation 
formula in the CSP.
    (a) NMFS is proposing to open the fishery May 1 through October 31 
or until there is not sufficient subarea allocation for another full 
day of fishing, at which point the area will be closed. Any closure 
will be announced in accordance with Federal regulations at 50 CFR 
300.63(c)(3) and on the NMFS hotline at (206) 526-6667 or (800) 662-
9825
    (b) The daily bag limit is two Pacific halibut of any size per 
person.

Northern California Coast Subarea

    The allocation for landings into ports in the Northern California 
Coast subarea will be provided in the final rule based on the 
allocation formula in the CSP.
    (a) NMFS is proposing to open the fishery May 1 through November 15 
or until there is not sufficient subarea allocation for another full 
day of fishing, at which point the area will be closed. NMFS will 
announce any closure in accordance with Federal procedures at 50 CFR 
300.63(c) and on the NMFS hotline (206) 526-6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

South of Point Arena Subarea

    The allocation for landings into ports in the South of Point Arena 
subarea will be provided in the final rule based on the allocation 
formula in the CSP.
    (a) NMFS is proposing to open the fishery May 1 through December 31 
or until there is not sufficient subarea allocation for another full 
day of fishing, at which point the area will be closed. NMFS will 
announce any closure in accordance with Federal procedures at 50 CFR 
300.63(c)(3) and on the NMFS hotline (206) 526-6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Additional Recreational Management Measures

    In addition to the State-specific recreational fishing measures 
described above, NMFS also proposes to add an inseason provision for 
the California recreational subareas to provide for transfer of any 
projected unused Northern California subarea allocation to the South of 
Point Arena subarea prior to or by the end of the Northern California 
fishing season (November 15). The transfer of projected unused 
recreational fishery subarea allocation within a State is not a new 
concept in Area 2A as both Oregon and Washington have similar 
provisions. These changes are primarily intended to provide more 
opportunities for anglers to achieve but not exceed applicable 
allocations and were widely supported by stakeholders at multiple 
Council meetings.
    While each year, in working with the Council and States, NMFS 
establishes State-specific season structures and management measures 
intended to fully attain the State's recreational fishery allocation 
and management objectives, partial attainment of a State recreational 
fishery allocation may occur, which contributes to lower attainment of 
the overall Area 2A FCEY. Certain existing inseason action provisions 
were intended as tools to achieve full attainment, such as modifying 
bag limits or the transfer of uncaught allocations within the 
Washington subareas and from the Columbia River subarea to other 
Washington and Oregon subareas as specified at 50 CFR 300.63(c)(6). 
However, under-attainment of the State recreational fishery allocations 
has still occurred despite these efforts to modify management measures 
inseason to meet the needs of the fishery.
    As a way to address potential under-attainment of the State 
recreational fishery allocations in future years, the Council 
recommended adding an inseason provision for the California 
recreational subareas to transfer any projected unused Northern 
California subarea allocation to the South of Point Arena subarea. 
Therefore, through this action, NMFS proposes an inseason provision, 
through consultation with CDFW, where if NMFS determines that the 
Northern California subarea will be unable or unlikely to attain their 
originally established recreational subarea allocation for that fishing 
year, then NMFS may transfer any projected unused Northern California 
subarea allocation to the South of Point Arena subarea prior to or by 
the end of the Northern California fishing season (November 15). NMFS 
will announce any inseason action in accordance with Federal procedures 
at 50 CFR 300.63(c)(6) and on the NMFS hotline (206) 526-6667 or (800) 
662-9825.
    In previous years, the California recreational fishery has closed 
in late July/early August due to the fishery attaining their allocation 
from catches in what is now the Northern California subarea. However, 
in 2024, the Northern California subarea allocation was approximately 
50 percent attained by the end of the season (November 15). During the 
summer, Pacific halibut are known to be encountered in other non-
Pacific halibut directed recreational fisheries in the south of Point 
Arena subarea. Allowing the transfer of any projected unused Northern 
California subarea allocation to the South of Point Arena subarea prior 
to or by the end of the season could provide additional opportunities 
for anglers and charter operations across more of the State and

[[Page 104964]]

later in the season. The inseason transfer of allocation among a 
State's subareas is seen as valuable tool in attaining the State 
recreational fishery allocations and the full Area 2A allocation.

Classification

    Under section 773 of the Halibut Act, the Pacific Fishery 
Management Council may develop, and the Secretary of Commerce may 
implement, regulations governing Pacific halibut fishing by U.S. 
fishermen in Area 2A that are in addition to, and not in conflict with, 
approved IPHC regulations (16 U.S.C. 773c(c)). The proposed rule is 
consistent with the Council and NMFS's authority under the Halibut Act.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities, 
for the following reasons:
    For Regulatory Flexibility Act (RFA) purposes only, NMFS has 
determined that charter vessels targeting Pacific halibut are all small 
businesses. Charter fishing operations are classified under NAICS code 
487210, with a corresponding Small Business Association size standard 
of $14 million in annual receipts (13 CFR 121.201).
    This proposed rule would open the 2025 Area 2A Pacific halibut 
recreational fishery and establish season dates and subarea 
allocations. Additionally, this proposed rule would add an inseason 
management provision for the California recreational fishery to 
transfer any projected unused Northern California subarea allocation to 
the South of Point Arena subarea. These changes were uncontroversial 
throughout the Council's public process, and overall participation in 
the recreational fisheries is not expected to change.
    This action would affect anglers, charter vessels (which are small 
entities), and small businesses relying on recreational fishing across 
all of Area 2A. There are no large entities involved in the Pacific 
halibut fisheries off the West Coast, and no commercial fishing 
entities are directly affected by this rule. None of these changes will 
have a disproportionately negative effect on small entities versus 
large entities. Private vessels used for recreational fishing are not 
businesses and are therefore not included in the RFA analysis.
    In 2024, NMFS issued 77 permits to the charter vessel fleet for 
Area 2A. NMFS anticipates a similar number of permits to be issued in 
2025 and assumes a majority of permit holders may be affected by these 
regulations as those vessels operate in Area 2A. The major effect of 
Pacific halibut management on small entities (i.e., profitability) will 
be from the catch limit decisions (i.e., FCEYs) made by the IPHC at its 
annual meeting January 27-31, 2025, a decision independent from this 
proposed action. This proposed action would implement non-controversial 
management measures that NMFS believes will provide increased 
recreational opportunities under the IPHC allocations with minimal 
positive economic effects. Therefore, the proposed rule is unlikely to 
affect the profitability of the recreational fishery or the small 
charter fishing businesses that target Pacific halibut.
    For the reasons described above, the proposed action, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities. As a result, an initial regulatory flexibility analysis 
is not required and none has been prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.

    Dated: December 16, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 300, subpart E, as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for part 300, subpart E, continues to read as 
follows:

    Authority: 16 U.S.C. 773-773k.

0
2. In Sec.  300.63, redesignate paragraphs (c)(6)(i)(E) and (F) to 
(c)(6)(i)(F) and (G) and add new paragraph (c)(6)(i)(E), to read as 
follows:

Sec.  300.63  Catch sharing plan and domestic management measures in 
Area 2A.

* * * * *
    (c) * * *
    (6) * * *
    (i) * * *
    (E) If the Northern California recreational (sport) subarea is not 
projected to utilize its respective allocation prior to or by the 
season ending date, NMFS may take inseason action to transfer any 
projected unused allocation to the South of Point Arena subarea.
* * * * *
[FR Doc. 2024-30430 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-22-P
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